[clynn1956]

In January 1999, my daughter had a baby boy.At the time she was living with me.She moved out in September 1999, leaving him with me.It will be 11 years in January of 2010 that he has lived with me.She lives up the road from my house, she has brought $85.00 a week off and on over the years to feed and support him.She has had every oppurtunity during these years to come back for him, and now has married with 2 other children.She sees him only when she drops money off, or on occasion if he begs to visit his siblings.He has never lived with her or been considered a member of her household.The main reason she pays as she does, is I have given her little choice.It is not court ordered or even reported as being done, she was afraid they would make her pay more.I have notarized guardianship of him, but plan to move and go on with my life in another state.I am 53 years old and have raised my 4 daughters as well as basically raised my grandson.She is now threatening to take me to court about it, does she stand the chance of taking him after all this time? He has always wanted to be with me, and is old enough to say what he chooses.Please help me out to figure out what I should do.

[s_cianci]

As his mother, yes, she does stand a chance. That's not to say that it's guaranteed, cast in stone but courts give great weight to the rights of the natural parents. Granted the fact that you were the one to raise him since birth despite her seeming ability to do so will raise some questions, but unless she's demonstrably an unfit mother, if she wants to take him from you and keep you from taking him out of state, she'll probably prevail.

[Gemini54]

I'd like to present another perspective. In Australia the courts take the wishes of the child very much into account. Not sure if this is the case in the US. If the boy wants to stay with you then I think that it would be seriously considered by the courts. However, the difficult issue in this is you taking the boy to another state. In Australia, the courts can rule that the custodial 'parent' stay in geographical proximity to the non custodial parent. I suspect that this will be the sticking point.

[Fr_Chuck]

At this point she could show up at your door and merely take him. You could not legally stop her.

"notorised guardianship'?? Was this done though the courts and signed off from a judge? Notorised is merely a witness of a person signing, has no special legal status to it.